The Ministry of Justice has released the first batch of typical cases of implementing the newly revised Administrative Reconsideration Law
2024-06-14
The newly revised Administrative Reconsideration Law will come into effect on January 1, 2024. On December 20, 2023, the State Council issued a notice requesting the implementation of the Administrative Reconsideration Law. The newly revised Administrative Reconsideration Law is guided by creating the main channel for resolving administrative disputes, expanding the scope of administrative reconsideration, strengthening the application of mediation in administrative reconsideration, implementing the separation of complexity and simplicity, emphasizing the promotion of self correction by administrative organs, and optimizing and innovatively transforming the specific procedures for handling administrative reconsideration cases throughout the entire process. In order to thoroughly implement the newly revised Administrative Reconsideration Law, the Ministry of Justice recently released a batch of typical cases of administrative reconsideration, providing demonstration and guidance for administrative reconsideration agencies at all levels to apply the new regulations to handle administrative reconsideration cases. A total of 6 typical cases were released this time, which have the following characteristics: firstly, they involve "new business", and administrative reconsideration and resolution of administrative disputes involve a wider range of fields. This batch of cases covers various fields such as market regulation, ecological environment, social security, medical insurance, urban construction, transportation, as well as new types of cases such as administrative agreements and government information disclosure stipulated in the newly revised Administrative Reconsideration Law. The administrative reconsideration organs adhere to the principle of collecting all receivables, actively accept and handle various cases in accordance with the law, and incorporate more administrative disputes into the administrative reconsideration procedures for resolution. The second is to apply the "new procedures" to further improve the quality and efficiency of administrative reconsideration work. In this batch of cases, there are both cases handled through simplified procedures and cases where opinions are heard and hearings are organized through ordinary procedures. On the basis of safeguarding the rights of the parties involved, the case is more comprehensively and efficiently investigated, ensuring that the trial is open and fair. The third is to use "new mechanisms" to further demonstrate the function of the administrative reconsideration system. In this batch of cases, many new mechanisms and measures stipulated in the newly revised Administrative Reconsideration Law, such as mediation, preliminary resolution, and administrative reconsideration opinions, have been fully utilized, effectively solving the actual interests and demands of the masses, achieving division and dispute resolution, preventing procedural loopholes, and promoting strict, standardized, fair, and civilized law enforcement. This batch of typical cases reflects the legislative spirit of the newly revised Administrative Reconsideration Law from different aspects, and has strong guiding significance for administrative reconsideration institutions at all levels to handle cases. One is to increase the supervision and correction of administrative reconsideration, promote and standardize lawful administration. The administrative reconsideration organs shall conscientiously implement the newly revised Administrative Reconsideration Law, prioritize the application of change decisions on the premise of clarifying facts and evidence, and further highlight its important position within the administrative reconsideration decision system. For example, in Case One, "A certain hotel applied for administrative reconsideration against the administrative penalty imposed by the Market Supervision Administration." The administrative reconsideration authority comprehensively determined that the applicant's illegal behavior was minor and could impose a lighter punishment. However, the respondent's punishment decision lacked appropriateness. The administrative reconsideration authority has changed the fine amount from 8000 yuan to 3000 yuan, avoiding the restart of administrative penalty procedures and improving the quality and efficiency of resolving administrative disputes. Administrative review agencies regulate law enforcement behavior in response to common problems, achieving the effect of correcting individual cases and rectifying similar cases. For example, in Case 5, where He refused to accept the administrative penalty application from the Traffic Police Brigade for administrative reconsideration, the administrative reconsideration authority proposed suggestions to the respondent's superior authority to improve law enforcement behavior and standardize law enforcement documents in response to the issue of incorrect legal basis for traffic violation penalties, thus preventing more administrative disputes from occurring at the source. The second is to strengthen the substantive resolution of administrative disputes and achieve the closure of cases. The administrative reconsideration organs regard substantive resolution of administrative disputes as an important value pursuit in handling administrative reconsideration cases. Through the use of mechanisms such as self correction, mediation, and reconciliation, administrative dispute cases can be resolved. For example, in Case 2, where Li disagrees with the municipal government's response to the application for administrative reconsideration, the administrative reconsideration agency pointed out the problems in law enforcement, urged the administrative agency to correct their own mistakes, made relevant government information public to the parties involved, and effectively resolved the dispute. In Case 6, "Yang was dissatisfied with the administrative reconsideration case of the district social insurance fund management center's failure to approve the application for basic pension insurance benefits." Faced with the situation where the respondent of the administrative reconsideration was not qualified, the administrative reconsideration authority did not simply close the case by not accepting it. Instead, it identified the substantive demands of the applicant, actively carried out mediation, coordinated various forces to solve practical problems, and ensured that the applicant's pension insurance benefits were approved in accordance with the law. Thirdly, we will pay more attention to the fairness, efficiency, and convenience of administrative reconsideration, and practice the principle of reconsideration for the people. The newly revised Administrative Reconsideration Law has improved the procedures for administrative reconsideration proceedings. Through the design of systems such as streamlining procedures, hearing, and listening to opinions, it provides guarantees for the fair and efficient trial of cases in administrative reconsideration, and also makes administrative reconsideration more convenient and beneficial to the people. For example, in Case Three, where a biotechnology company applied for administrative reconsideration against the administrative penalty imposed by the District Ecological Environment Bureau, the administrative reconsideration authority actively conducted hearings, organized both parties to state, defend, provide evidence, and cross examine the relevant facts of the case. This not only comprehensively investigated the facts, but also provided a good platform for dialogue and negotiation between the two parties, ultimately achieving a settlement of the case. In Case 5, "Application for Administrative Reconsideration of He's Refusal to Accept Administrative Penalty from Traffic Police Brigade", the administrative reconsideration authority conducted legal reasoning against the applicant's lack of understanding of "intentional defacing of license plates", and helped them regain the points recorded on their driver's license by studying traffic regulations, ensuring that they can continue to drive vehicles, fully reflecting the principle of reconsideration for the people. The fourth is to handle new types of administrative reconsideration cases with high quality, fully unleashing the effectiveness of the system. According to the newly revised Administrative Reconsideration Law, administrative reconsideration organs actively accept new types of administrative reconsideration cases such as administrative agreements, administrative compensation, and work-related injury recognition, and continuously improve their ability and level of handling cases, striving to achieve a reasonable increase in the number and effective improvement in the quality of administrative reconsideration cases. For example, in Case 4, where a hospital disagrees with the Medical Insurance Affairs Management Center's application for administrative reconsideration to terminate an administrative agreement, the administrative reconsideration authority reviews the unilateral termination of the medical insurance service agreement by the administrative authority from the aspects of whether the agreed terms are effective, whether the termination action meets the termination conditions stipulated in the agreement, whether the exercise of the termination right complies with procedural provisions, and whether the right of the counterparty to the agreement to state and defend is protected. The administrative reconsideration decision is made in accordance with the law, and its handling approach and review standards have a positive reference value for similar cases. The person in charge of the Administrative Reconsideration and Response Bureau of the Ministry of Justice stated that this is the first batch of typical cases of administrative reconsideration issued by the Ministry of Justice after the implementation of the newly revised Administrative Reconsideration Law. Subsequently, typical cases of different administrative management fields and types will be released one after another. Through the demonstration of typical cases, it will promote the improvement of the handling ability and level of administrative reconsideration personnel, effectively play the important role of substantive resolution of administrative disputes, safeguarding the legitimate rights and interests of the people and enterprises, and promoting lawful administration through administrative reconsideration. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://www.legaldaily.com.cn
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
